Unit 2: Civil Liberties and Civil Rights FRQs Quizlet

2b. Facing discrimination at the voting booth, many African American citizens turned to alternative forms of political participation. Describe two alternative forms of participation that helped bring about changes in civil rights policies.

- Demonstrations/ protest/ public rallies/ civil disobedience - Organized interest-groups activity - Courts/ litigation - Boycotts - Election activities other than voting (campaigning, donating)

1b. Explain how judicial review empowers the Supreme Court within the system of checks and balances

- It gives the Court the power to overturn laws passed by Congress/legislative branch or actions taken by the president/executive branch. - It gives the Court the power to limit actions taken by Congress/legislative branch or the president/executive branch.

1a. How has Stare decisis influenced decisions made by individual justices when deciding cases heard by the Court.

- Justices defer to prior Supreme Court decisions. - Justices apply precedent to current cases and rule based on past decision.

2a. Explain how two measures taken by some states prior to the 1960s affected voter turnout among African American citizens.

- Literacy test - Poll taxes - Grandfather clause - Dilution of voting strength through redistricting - White primaries - Election procedures

4cii. Describe a specific legislative action that extended civil rights to persons with disabilities.

- Public accommodations - Educational accommodations (people with disabilities were obligated to be treated with the same amount of education as someone without a disability. Therefore, this causes individuals with a disability to be treated equally)

Civil Liberties FRQs

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Civil Rights FRQs

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3bii. Explain how the First Amendment has been incorporated. Each of your explanations must be based on a specific and relevant Supreme Court decision.

Citizens United v. FEC- large corporations and businesses can now donate an unlimited amount of soft money to political parties because it is apart of their freedom of speech protected under the First Amendment.

4bii. Explain how the first Amendment has been incorporated. The explanations must be based on a specific and relevant Supreme Court decision.

Citizens United v. FEC- large corporations and businesses can now donate an unlimited amount of soft money to political parties because it is apart of their freedom of speech protected under the First Amendment.

2bi. Explain how the Citizenship clause of the Fourteenth Amendment limits the power of state governments.

Citizenship Clause — provides a national definition of citizenship that states cannot violate; requires states to provide citizenship guarantees to all who meet the definition of citizen. Example: If John was born in the United States, the United States would treat John as a U.S. citizen and provide him with citizen rights.

4a. Describe the difference between civil rights and civil liberties.

Civil rights- protect groups of people from discrimination Civil liberties- protects individuals from governmet action

2ai. Explain how the Establishment Clause in the Bill of Rights limits the powers of the national government.

Establishment Clause — prevents the national government from establishing a national religion or taking any action that would show preferential treatment for one religion over another. Example: In the United States of America, John could be Christian and practice the religious practices without being punished or favored by the government.

3bi. Explain how the Rights of criminal defendants has been incorporated. Each of your explanations must be based on a specific and relevant Supreme Court decision.

Gideon v. Wainwright- It was ruled that criminal defendants have the right to obtain representation (lawyer) in court, the right to have a speedy trial, and the right to a public jury.

4bi. Explain how the rights of criminal defendants has been incorporated. The explanations must be based on a specific and relevant Supreme Court decision.

Gideon v. Wainwright- It was ruled that criminal defendants have the right to obtain representation (lawyer) in court, the right to have a speedy trial, and the right to a public jury.

3biii. Explain how the Privacy rights has been incorporated. Each of your explanations must be based on a specific and relevant Supreme Court decision.

Griswold v. Connecticut- the Supreme Court ruled that by a state banning contraceptives to be used, it violated the right to marital privacy. Therefore, women now have a choice whether or not to use contraceptives, a state cannot ban them.

4biii. Explain how privacy rights has been incorporated. The explanations must be based on a specific and relevant Supreme Court decision.

Griswold v. Connecticut- the Supreme Court ruled that by a state banning contraceptives to be used, it violated the right to marital privacy. Therefore, women now have a choice whether or not to use contraceptives, a state cannot ban them.

2aii. Explain how Guarantee of a public trial in the Bill of Rights limits the powers of the national government.

Guarantee of a public trial — requiring trials to be open to the public limits the government's ability to violate the rights of citizens. Example: If John were to go to court because of a crime he committed, he is obligated to be able to have a public jury, so the government does not violate his rights.

4eii. Explain how civil liberties were incorporated by the Supreme Court in the Mapp v. Ohio case.

Illegally seized evidence cannot be used in court; exclusionary rule - If a group of people go into another persons house without a proper official warrant and finds evidence to use against them within a crime, then that evidence cannot be used against that individual.

1a. Define judicial review

Judicial review is the power of the court to rule on the constitutionality of laws, acts, statutes, executive orders.

3a. Define selective incorporation.

Must Define Both: Selective- the fact that the process has been piecemeal and not a sudden change Incorporation- the fact that some liberties listed in the Bill of Rights have been applied to the states using the 14th Amendment/ due process clause

4a. Define selective incorporation.

Must Define Both: Selective- the fact that the process has been piecemeal and not a sudden change Incorporation- the fact that some liberties listed in the Bill of Rights have been applied to the states using the 14th Amendment/ due process clause

4eiii. Explain how civil liberties were incorporated by the Supreme Court in the Miranda v. Arizona case.

Must be informed of rights; no self- incrimination; right to counsel - If an individual is not read their First Amendment or Miranda Rights, then they cannot be charged with the crime.

4ei. Explain how civil liberties were incorporated by the Supreme Court in the Gideon v. Wainwright case.

Right to an attorney for indigents - If a person were to be charged for a crime, the individual is obligated to have an attorney. If the individual cannot afford to hire one, the state is required to give them one.

4ci. Describe a specific legislative action that extended civil rights to women.

Right to vote- the 19th Amendment granted the women the right to vote. Before the creation of the 19th Amendment, women could not vote. Therefore, causing women and men to be treated equally in how they could both take part in voting. Other options that would work: Equal pay for equal work, equality in academies and athletics, laws expanding role of women in military

2bii. Explain how Selective incorporation limits the power of state governments.

Selective incorporation — prohibits states from denying Bill of Rights provisions regarding freedom of expression, rights of the accused or privacy. Example: If South Carolina wanted to create a bill or law that went against the Bill of Rights, they would not be able to because the national government already established what the Bill of Rights rules were.

4d. Identify the primary clause of the Fourteenth Amendment that is used to extend civil liberties.

The Due Process Clause

4b. Identify the primary clause of the Fourteenth Amendment that is used to extend civil rights.

The Equal Protection Clause

3ai. In the Engel v. Vitale (school prayer) case, what is the First Amendment clause upon which the United States Supreme Court based its decision.

The Establishment Clause

3aii. In the Lemon v. Kurtzman (state funding for private religious schools) case, what is the First Amendment clause upon which the United States Supreme Court based its decision.

The Establishment Clause

3ci. Identify the First Amendment clause upon which the Supreme Court based its decision in the Reynolds v. United States (polygamy) case.

The Free Exercise Clause

3cii. Identify the First Amendment clause upon which the Supreme Court based its decision in the Oregon v. Smith (drug use in religious ceremonies).

The Free Exercise Clause

3b. Describe the Supreme Court's decision in the Engel v. Vitale(school prayer) case.

The Supreme Court ruled that prayer in public schools, even if voluntary, was unconstitutional. Specifically, the court found that such prayer violated the First Amendment prohibition of a state establishment of religion.

3d. Describe the Supreme Court's decision in the Reynolds v. United States (polygamy) case.

The decision restricted/ banned/ disallowed polygamy.

3d. Describe the Supreme Court's decision in the Oregon v. Smith (drug use in religious ceremonies) case.

The decision restricted/banned drug use in religious ceremonies.

3b. Describe the Supreme Court's decision in the Lemon v. Kurtzman (state funding for private religious schools) case.

The decision struck down state funding for private religious schools. More specifically, it struck down state funding to pay parochial teachers to give instruction in secular subjects.

2c. Choose the forms of participation you described in (b) and explain why it was effective in changing civil rights policies.

Through: - Participation - Linkage mechanism - Policy output or outcome